A writ petition filed against the delay by the Excise Commissioner in disposing of a representation regarding the petitioner's liquor shop. The court disposed of the petition, directing the Commissioner to decide the representation within two months.
Directed Excise Commissioner to deal with the petitioner's representation within two months.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.20110 of 2015
Gagan Chandra Parida …. Petitioner
Mr. H.K. Mohanta, Advocate
-versus-
State of Odisha & others …. Opposite Parties
Mr. S.N. Pattanaik, Additional Government Advocate
CORAM: JUSTICE SANJAY KUMAR MISHRA
ORDER
Order No.
18.12.2023
06.
This matter is taken up through hybrid mode.
2. The Present Writ Petition has been preferred for alleged inaction of the Excise Commissioner, Odisha, Cuttack to deal with and dispose of the representation of the Petitioner, who was the owner of Chitrada IMFL OFF Shop, vide which a prayer has been made to the authority concerned to drop/withdraw the Certificate Proceeding initiated against the Petitioner.
3. Admittedly, the Certificate Case No.05 of 1998 was instituted on 04.09.1998 before the Certificate Officer (Opposite Party No.6) a requisition being filed by the Collector, Mayurbhanj (Opposite Party No.2).
4. Mr. S.N. Pattanaik, learned Additional Government Advocate for the State/Opposite Parties, drawing attention of this Court to the averments made in para-6 of the Counter submits, on being so noticed in the Certificate
Case, instead of filing petition denying liability, the Petitioner deposited Rs.10,000/- towards principal amount vide M.R. No.31/74250 dated 20.02.2003 in Certificate Case No.05 of 1998.
5. Since there is no interim order staying further proceeding in Certificate Case No.5 of 1998, a query being made by the Court, neither the learned Counsel for the Petitioner nor Mr. Pattnaik, learned Additional Government Advocate are able to disclose before this Court as to the present status of the said Certificate Case.
6. However, in view of the innocuous prayer made in the Writ Petition, without expressing any opinion on merit of the case, the Writ Petition stands disposed of directing the Opposite Party No.3, Excise Commissioner, Odisha, Cuttack to deal with and dispose of the representation of the Petitioner (Annexure-8) within two months from the date of production of the certified copy of this order.
7. The Petitioner is also directed to supply copy of the Writ Petition with Annexures to the Opposite Party No.3 along with the certified copy of this order enabling him to deal with the said representation of the Petitioner dated-Nil (Annexure-8) and do the needful in terms of the direction given above.
8. Urgent certified copy of this order be granted on proper application as per rules.
Prasant
(S. K. Mishra)
Judge
Signature Not Verified
Digitally Signed Signed by: PRASANT KUMAR PRADHAN Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 19-Dec-2023 18:31:55
Page 2 of 2
1 issue framed by the court
Whether the Excise Commissioner inaction in dealing with the petitioner's representation warrants a writ disposition.
Gagan Chandra Parida
State of Odisha
Excise Commissioner, Odisha
Sanjay Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
